Delhi High Court - Orders
Cars24 Services Pvt. Ltd. And Anr vs Girnarsoft Automobiles Private ... on 22 October, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:27.10.2021 13:55:01
$~1(Special Bench)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 392/2019 & I.As. 10381/2019, 11341/2019,
11364/2019, 12109/2019
CARS24 SERVICES PVT. LTD. AND ANR. ..... Plaintiffs
Through: Mr. Rajshekhar Rao, Sr. Advocate
with Mr. Sidhant Goel, Advocate.
versus
GIRNARSOFT AUTOMOBILES PRIVATE LIMITED
& ORS. .... Defendants.
Through: Ms. Sucheta Roy, Advocate for D-1
and 2.
Mr. Arun Kathpalia, Sr. Advocate
with Mr. Aditya Gupta, Advocate for
D-3.
Mr. Sandeep Sethi, Sr. Advocate with
Mr. Neel Mason, Mr. Vihan Dang,
Ms. Sneha Sharma, Ms. Venella
Reddy, Mr. Akshay Bhardwaj and
Ms. Aditi Umapathy, Advocates for
D-4.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.10.2021
1. This hearing has been done through video conferencing. I.A. 14630/2019 (for substitution of undertaking)
2. This is an application filed by the Plaintiffs for substitution of the undertaking given by the Mr. Rahul Verma, Assistant Manager-Legal with the undertaking of Ms. Shrishti Saxena, Senior General Manager-Marketing.
3. The same has already been dismissed as withdrawn, vide order dated 22nd October, 2019 of this Court. Let it not be reflected on the cause list.
4. Application stands disposed of.
CS(COMM) 392/2019 Page 1 of 3Digitally Signed By:DEVANSHU JOSHI Signing Date:27.10.2021 13:55:01 I.A. 15582/2019 (u/O XII Rule 4 CPC)
5. This is an application filed by the Plaintiffs, seeking extension of time for replying to the notice to admit facts, served by Defendant No.4. The reply has now been filed by the Plaintiffs. The delay, if any, in filing the same is condoned.
6. Application is disposed of.
CS(COMM)-392/2019 and I.A. 10381/2019, 11364/2019, 12109/2019
7. I.A. 10381/2019 is an application filed by the Plaintiffs under Order XXXIX Rule 1 & 2 CPC, seeking interim injunction against Defendant Nos.1&2 for using terms and phrases as keywords, on Defendant Nos.3 &4's AdWords Program, which are identical to or deceptively similar to the Plaintiff's trade mark. Vide order of this Court dated 1st August, 2019, Defendant Nos.1&2 were restrained till the next date of hearing from using the mark 'Cars24', or other deceptively similar marks or purchasing AdWords consisting of these marks in order to promote their portal/websites or their business. Defendants No.3&4 were directed to ensure that Defendants No.1&2 were not promoting their business by purchasing 'Cars24' on their Google AdWord Program, and any such AdWord Program bookings would be disabled and would not be reflected in the search results within 24 hours of the service of the said order.
8. Cross undertakings given by the Plaintiff and Defendant Nos. 1 & 2 undertaking to not bid for each other's trademark on the Google AdWord programme, were recorded on 13th September, 2019. However, Defendants Nos. 1 and 2, as also 3 and 4, wish to press the applications, being I.A. No.12109 of 2019 and I.A. No. 11341 of 2019, for vacation of the injunction, on merits. The undertakings given by Defendant Nos.1 & 2, as CS(COMM) 392/2019 Page 2 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:27.10.2021 13:55:01 per Ms. Roy, ld. Counsel, are only during the pendency of the hearing in the interim injunction application.
9. In this view of the matter, the injunction application and application for vacation of injunction would have to be heard on merits. Parties are permitted to file their case compilations and written submissions, at least one week before the next date of hearing.
10. List for further hearing on 16th December, 2021, in physical Court, at 2.30 pm. This is a part-heard matter.
PRATHIBA M. SINGH, J.
OCTOBER 22, 2021 MR/MS CS(COMM) 392/2019 Page 3 of 3